Dallas PERM Labor Certification Lawyer
A significant number of foreign nationals who come to the US are doing so for work-related reasons, and the US Citizenship and Immigration Services (USCIS) has established a category for employment-based visas. However, the requirements do not only apply to the prospective employee. The US-based employer must also comply with the laws, and obtaining approval under the permanent labor certification program (PERM) is a critical first step before hiring a non-US citizen. The point is to protect US workers who might qualify for the same position and would suffer a detriment when the position is filled by a foreign national.
If you are an employer or stakeholder in a company that seeks PERM certification, guidance with the process is essential. You can rely on BBA Immigration for assistance, as immigration law is our core practice area. We have the knowledge and experience to help navigate USCIS rules, so please contact us to set up a confidential consultation with a Dallas PERM labor certification lawyer. You can also read on for some helpful information.
Summary of PERM Regulations
The program is actually overseen by the US Department of Labor (DOL), which issues the PERM labor certification. The US-based employer then submits the document to USCIS when petitioning for a foreign worker. The content of the document includes DOL’s certification that:
- There are not sufficient US workers that are ready, qualified, and able to accept the position described; and,
- Employing a foreign national for the job will not have a negative impact on wages and working conditions for similarly employed US workers.
Additional Facts to Know About PERM
Knowing the basics is important, but there are other details that may impact the process when seeking PERM labor certification. The background work that is necessary before applying is extensive, including the pre-filing recruitment requirements. Upon submitting documents to DOL, the employer must attest that:
- It made the position available to US workers;
- The wage to be paid meet or exceeds prevailing wages;
- The worker will be on the payroll before or upon arrival in the US;
- It has sufficient means to pay the promised wages.
Legal Process for PERM
The complex labor certification requirements established by USCIS can detract attention from your key responsibility, which is operating a successful business. BBA Immigration will handle the necessary tasks, so you can rely on a Dallas PERM labor certifications attorney to:
- Assess criteria for PERM;
- Gather evidence to support the application;
- Guide you with recruitment steps;
- Obtain the prevailing wage determination; and,
- Prepare all forms filing them with the DOL, along with all essential supporting documentation.
Upon receiving the approved PERM documents from DOL, we will move on to the next task and assist with the visas.
You Can Rely on a Dallas PERM Labor Certifications Lawyer for Support
For more information on the requirements US-based employers must meet before petitioning for employment-based visas, please contact BBA Immigration. We can schedule a consultation with a Texas PERM labor certifications attorney who will provide additional details about the process.